Guwahati Court October 2007 Judgments
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Aggarwal Motor Company Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-09-2007
B.K. Sharma, J.1. This writ petition is directed against the order dated March 21, 2001 passed by the Deputy Commissioner of Taxes (Appeals), Guwahati rejecting the appeals preferred by the petitioner which it preferred against the assessment orders.2.. The petitioner is a proprietorship firm carrying on the business of wholesale and supply of motor parts, etc. It is registered under the provisions of the Assam General Sales Tax Act, 1993 and the Rules framed thereunder.3. On January 6, 1997, the Inspector of Taxes, Guwahati, Unit-B in exercise of his power conferred under Section 44(3) of the AGST Act, 1993 seized some documents/books belonging to the petitioner at the petitioner's business premises on the ground that some sales through challans were found not recorded duly in the regular books of account with an intention to suppress the sales. In para 6 of the writ petition, the petitioner has stated that although the search and seizure was illegal, there being pressure mounted by ...
Abdul Jalil and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-09-2007
H.N. Sarma, J.1. In this batch of writ petition, the settlement of Rupahi Weekly Market and Rupahi Daily Market falling under the jurisdiction of Nagaon Zilla Parishad is under challenge. W.P. (C) No. 3151/07 and W.P. (C) No. 3156/07 have been filed challenging the settlement of Rupahi Weekly Market in favour of the respondent No. 5 at his offered bid of Rs. 25,99,999/- ignoring the higher bid offered by the respective writ petitioners. Similarly, W.P. (C) No. 3148/07 and W.P. (C) No. 3164/07 have been filed challenging the settlement ofRupahi Daily Market settling with the private respondent No. 5 at his bid value of Rs. 1,70, 111/- ignoring the offered bid by the writ petitioner.2. I have heard Mr. B. Rahman, learned Counsel appearing for the petitioner in W.P. (C) No. 3151/07 and W.P. (C) No. 3148/07, Mr. D.A. Kaiyum, learned Counsel for the petitioner in W.P. (C) No. 3163/07 and W.P. (C) No. 3164/07 and Mr. A.B. Choudhury, learned Sr. counsel, assisted by Mr. J. Abedin appearing f...
Sankhi Chiba and anr. Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Oct-05-2007
Aftab H. Saikia, J.1. Heard Mr. J.M. Choudhury, learned0 Sr, Counsel assisted by Mr. S.K. Deuri and Mr. T. Boo, learned Counsel appearing for the appellants in Criminal Appeal No. 10(AP)/2005 and in Criminal Reference (Hill) No. 2/2007. Also heard Mr. B. Banerjee, learned P.P. representing the State of Arunachal Pradesh in both the cases.2. The conviction of the appellants-respondents under Sections 302/34 IPC and sentence to undergo rigorous imprisonment for life with a fine of Rs. 3000/- each and in default for payment of fine to undergo a further term of 3 months rigorous imprisonment so handed down by the learned Additional District and Sessions Judge,, First Track Court Eastern Zone, Namsai, by his judgment and order dated 28.9.2005 in Session Case No. 01/94 have been challenged in the criminal Appeal by the appellants-respondents being Criminal Appeal No. 10(AP) 2005/05. At the same time the impugned conviction and sentence have also been referred to this Court under Regulation ...
B.K. Gupta Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Oct-05-2007
J. Chelameswar, C.J.1. This is a petition filed Under Section 11(5) of the Arbitration and Conciliation Act, 1996 with prayers as follows:In the premises aforementioned, it is, therefore, prayed that Your Lordship may be graciously pleased to:(a) Admit this petition;(b) Call for the records of the case;(c) Issue notice calling upon the respondents to show cause as to why an arbitration tribunal will not be appointed under provisions of the appointment of arbitrators by the Chief Justice of the Gauhati High Court Scheme, 1996 read with Sub-section (5) of Section 11 of the Arbitration and Conciliation Act, 1996; and(d) On cause or causes being shown and after hearing the parties be pleased to pass the necessary orders appointing an arbitration tribunal as Your Lordship may deem fit and proper.2. The respondent issued a tender notice inviting tenders for construction of certain works of the N.F. Railways on 20th May, 1992. On 18th November, 1992, the petitioner, who was a successful tend...
Nasir Khan @ Boi Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Oct-04-2007
Mutum B.K. Singh, J.1. Heard Mr. Dolen Ph., learned Counsel appearing for the petitioner. Also heard Md. Jalaluddin, learned Addl. Govt. Advocate appearing for the respondent Nos. 1, 2 & 3 and Mr. N. Ibotombi Singh, learned CGC appearing on behalf of the respondent No. 4.2. By this petition, the petitioner prays for setting aside the detention order of the petitioner dated 4th May, 2007 issued by the respondent No. 2 under Section 3(2) of the National Security Act, 1980 (Annexure-N/1 to the writ petition).3. That, the facts, briefly, for adjudication of this petition, are that on 11.04.2007, the petitioner was apprehended at Guwahati and registered a case being FIR No. 238 (10)/2006 IPS under Sections 307, 326, 427, 34 IPC and Section 3 of the Explosive Substance Act against him and one another. The petitioner was produced before the learned Deputy Magistrate, Imphal on 14.04.2007 in connection with the said FIR case and remanded him to police custody till 23.4.2007. On 24.4.2007, i.e...
KayamuddIn Siddiquei Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Oct-04-2007
A.P. Subba, J.1. By filing this writ petition under Article 226 of the Constitution of India, the petitioner an Ex. No. 164259 M Rfn/GD of 16 Assam Rifles seeks to challenge the order dated 19.7.2005 passed by the Army Court-martial convicting the petitioner and sentencing him to R.I. for six years and also dismissing him from service.2. Briefly stated the facts are as follows: The petitioner, a rifleman, serving in 13 Assam Rifles availed of leave from 2nd June 2003 to 24th July 2003 and proceeded to Deoria, his home town in connection with his marriage. One Mr. Masood Alam whom he met when he was at Deoria asked him to procure a weapon from his place of duty for which he promised to pay Rs. One lakh. Similarly, one Md. Haroon whom he met at Gauhati when he was on his way back to resume his duty asked him to procure a weapon offering to pay him one lakh along with one Enfield motor cycle. The said Mr. Haroon also chalked out a detailed plan for the petitioner for stealing the weapon ...
Anupam Das Vs. Smt. Mampi Das
Court: Guwahati
Decided on: Oct-04-2007
T. Vaiphei, J.1. This revision petition under Article 227 of the Constitution of India is directed against a common interlocutory order dated 8-12-2006 purportedly passed under Section 25 of the Hindu Marriage Act, 1955 and under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, by the learned District Judge, Shillong in Misc. (Main) Petition. Nos. 13(H) and 14(H) of 2006 directing the revision-petitioner to pay Rs. 1,000/- per month to the respondent and another sum of Rs. 500/- per month to her minor child for their respective maintenance.2. The relevant facts giving rise to this revision petition are not in dispute. The petitioner was married to the respondent on 26-8-2002 in. accordance with the provisions of the Special Marriage Act, 1954, and the same was duly registered with the Office of the Registrar of Marriage, East Khasi Hills District, Megbalaya. The marriage between the petitioner and the respondent was again solemnized on 3-10-2002 at Kamakhya Temple at Gu...
JaIn Steel and Wooden Industries Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-04-2007
Hrishikesh Roy, J.1. Heard Mr. O.P. Bhati, learned Counsel for the petitioner assisted by Mr. A. Khanal, learned Counsel and Mr. R. Dubey, learned Counsel appearing on behalf of the respondent State.2. The petitioner who is a dealer under the Assam Finance (Sales Tax) Act, 1956 (since repealed), hereinafter, referred to as 'the 1956 Act' was registered with the sales tax authorities for the purpose of taxation initially as a partnership concern. Thereafter, the partnership was dissolved and the petitioner became a proprietorial concern.3. The petitioner Industry was set up for manufacture of steel and wooden furnitures having its industrial Unit at Guwahati. The said Unit initially claimed benefit of the incentives offered under the Industrial Policy declared by the Govt. of Assam in the year 1982. The present dispute pertains to the claim made by the petitioner Industry with regard to the benefits sought under the Industrial Policy declared subsequently by the Government of Assam in ...
Union of India (Uoi) and anr. Vs. Shree Bharat Builders and anr.
Court: Guwahati
Decided on: Oct-04-2007
A.P. Subba, J.1. This is an application filed by the petitioners under Section 24 read with Section 151 CPC and Section 41 of the Arbitration Act, 1940, seeking transfer of Arbitration Misc. Case No. 118 (T)/1998 pending in the court of Assistant to Deputy Commissioner at Shillong to any competent court at Guwahati, Assam.2. The case of the petitioners, in brief, is that, the opposite parties had been awarded a contract work of the amount of Rs. 5,58,228.79 duly executing a contract agreement. The execution of the work as per the contract was completed in December 1992 and an undisputed portion of the bill claimed by the opposite parties was paid on 22.1.95. After the completion of the work, the opposite parties/contractors raised certain further claims. As the claims so raised by them were not agreed to by the department, a dispute arose and on the request made by the opposite party No. 1, the Chief Engineer (Air Force), Shillong Zone, appointed at Arbitrator. The Arbitrator entered ...
Pritam Rongpi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-04-2007
H.N. Sarma, J.1. The challenge made in this writ petition is the promotion of respondent No. 6 to the rank of Sub-divisional Agricultural Officer (for short SDAO) and further subsequent promotion to the rank of District Agricultural Officer on the count that he allegedly belongs to a member-of the ST (Hills) Community of the State of Assam, which falls under the reserved category under Article 16 of the Constitution of India.2. The petitioner has alleged that the respondent No. 6 having been appointed initially as extension Officer (Agriculture) as a Scheduled Caste candidate is not permitted to change his social status at the later point of time to that of Scheduled Tribe (P) and is not entitled to get the benefit of reservation policy of the state in the matter of promotion, subsequently.3. I have heard Mr. K. Bhattacharjee, learned Counsel for the petitioner. Mr. P.S. Deka, Government Advocate appearing for respondent Nos. 1, 2, 5 & 7 and other, learned counsels appearing for the ...
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